WSR 06-03-083



[ Filed January 13, 2006, 8:08 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-19-023.

Title of Rule and Other Identifying Information: Chapter 308-97 WAC, Vehicle license interstate and intransit permits, 308-97-011 Definitions for a motor carrier, and 308-97-230 Appointment of vehicle trip permits agents.

Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on February 23, 2006, at 1:00 p.m.

Date of Intended Adoption: February 24, 2006.

Submit Written Comments to: Dale R. Brown, P.O. Box 2957, 1125 Washington Street S.E., Olympia, WA 98507-2957, e-mail, fax (360) 902-0140, by February 22, 2006.

Assistance for Persons with Disabilities: Contact Dale R. Brown by February 22, 2006, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Periodic review of all rules by an agency, WAC 308-97-230 will need to have subsection (6) removed; there was a misquote on the subsection and is no longer needed. WAC 308-97-011 will make the definition of motor carrier consistent with definitions in other state and federal regulations. The rules have also been reviewed so they are more understandable and easier to read.

Reasons Supporting Proposal: The rules change would result in department of licensing vehicle agents and subagents having a better understanding of who a motor carrier is when selling trip permits and what is required to submit to the department.

Statutory Authority for Adoption: RCW 46.16.160.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: , governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Toni Wilson, 1125 Washington Street S.E., Olympia, WA, (360) 902-3789.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose more than a minor cost on businesses in the industry.

A cost-benefit analysis is not required under RCW 34.05.328. The contents of the proposed rules are explicitly and specifically dictated by statute.

January 13, 2006

Julie Knittle, Administrator

Prorate and Fuel Tax Administrator


AMENDATORY SECTION(Amending WSR 04-01-163, filed 12/22/03, effective 1/22/04)

WAC 308-97-011   Definitions.   "Motor carrier" ((is a person or business who owns, leases or operates a vehicle which carries freight and/or passengers and either:

(1) The vehicle has a gross vehicle weight or combined gross vehicle weight greater than twenty-six thousand pounds;

(2) Is a trailer with a gross vehicle weight rating of greater than ten thousand pounds; or

(3) Carries sixteen or more passengers, including the driver)) means an entity engaged in the transportation of goods or persons. The term includes a for-hire motor carrier, private motor carrier, contract motor carrier, or exempt motor carrier.

[Statutory Authority: RCW 46.16.160. 04-01-163, 308-97-011, filed 12/22/03, effective 1/22/04. Statutory Authority: RCW 46.16.160 and 88.38.100. 00-07-053, 308-97-011, filed 3/8/00, effective 4/8/00.]

AMENDATORY SECTION(Amending WSR 04-01-163, filed 12/22/03, effective 1/22/04)

WAC 308-97-230   Appointment of vehicle trip permit agents.   (1) Who can sell vehicle trip permits?

((Vehicle trip permits may be sold by those entities cited in RCW 46.16.160. These entities include)) Government agencies and nongovernmental organizations, including:

(a) Department of transportation;

(b) Department of licensing;

(c) County auditors;

(d) Vehicle licensing offices; and

(e) Private businesses approved by the department of licensing.

(2) How does a ((nongovernmental organization)) private business obtain approval to sell vehicle trip permits?

((Nongovernmental organizations must:))

(a) Apply to the department of licensing;

(b) ((Execute an)) Enter into a written agreement ((to abide by the requirements of this section and RCW 46.16.160)) with the department;

(c) Provide a surety bond; and

(d) Provide ((transmission)) fee schedule if issuing permits electronically.

(3) How ((do I)) does a private business obtain an application to ((become an agent for selling)) sell vehicle trip permits?

((Any nongovernmental organization may)) Obtain an application form from the department of licensing, prorate and fuel tax section.

(4) What are ((the components of)) you required to do under the agreement?

((The components of the agreement require the agent to:)) You are required to:

(a) ((Timely account and pay all permit)) Pay fees on time;

(b) ((Subject their books and)) Make your records ((to periodic)) available for audit;

(c) Pay all interest and penalties ((upon any deficiency));

(d) Maintain records of transmittals for a period of four calendar years and ((make)) have these records available to the department ((or its representative)) during business hours ((at the agent's office));

(e) ((Mail or deliver)) Send transmittals ((at least)) to the department on a bimonthly ((to the department by the last Friday of each recording period for permit sales covering the preceding fifteen days)) basis. Transmittals must be ((accompanied by)) included with the appropriate fees; and ((any documents required by the department;))

(f) ((Reimburse)) Pay the department for ((the administrative fee and excise tax of)) any unaccounted for permit(s)((, which is missing, lost, or otherwise unaccounted for. For the purposes of this section, "excise tax" means the tax collected as explained in RCW 46.16.160(9))).

(5) What are the requirements of a surety bond?

The ((requirements of a surety)) bond ((are to)) must:

(a) Be on a form provided by the department of licensing; and

(b) Meet the ((provisions)) requirements of chapter 48.28 RCW for a corporate surety bond; and

(c) Be ((executed)) signed by the applicant ((as principal)); and

(d) Be payable to the state ((conditioned upon the performance of all the requirements of this section and RCW 46.16.160, including payment)) of Washington; and

(e) Be conditioned upon the performance of all the requirements of this section and RCW 46.16.160; and

(f) Require payment of ((any and)) all permit fees, ((payment of)) audit assessments, interest and penalties ((due or which become due)); and

(((e))) (g) Be ((in an amount)) equal to the ((monetary)) value of vehicle trip permits issued to ((an)) the agent by the department.

(6) ((What is the agent fee for selling a vehicle transit permit?

The agent fee is the filing fee mandated by RCW 46.01.140.

(7))) How ((may)) can vehicle trip permits be issued?

((Vehicle trip)) Permits ((may)) can be issued in original form or, by((:

(a) Original manual form;

(b) Facsimile of the manual form; or

(c) Authorized electronic form)) fax, or electronic means.

(((8))) (7) If the permit is issued by ((facsimile)) fax or other electronic means, ((may the agent collect)) can an additional ((transmission)) fee be collected?

Yes. As long as the fee does not exceed that listed on the ((transmission)) schedule filed with the department.

(((9))) (8) What happens if ((the agent)) you fail((s)) to comply with the agreement?

The department ((may, after proper notice, served personally or by an affidavit of mailing,)) can revoke ((the)) your appointment ((of any agent who has)) if you have violated any provisions of ((RCW 46.16.160, chapter 308-97 WAC, or breached the appointment)) the agreement. Upon notice ((of revocation of an agent's appointment, the agent)) you must return ((to the department any)) all remaining vehicle trip permits ((in inventory)) and ((any)) all money owed to the department.

[Statutory Authority: RCW 46.16.160. 04-01-163, 308-97-230, filed 12/22/03, effective 1/22/04. Statutory Authority: RCW 46.01.110 and chapter 82.44 RCW. 01-17-085, 308-97-230, filed 8/17/01, effective 9/17/01. Statutory Authority: RCW 46.16.160. 98-23-026, 308-97-230, filed 11/9/98, effective 12/10/98; 81-16-010 (Order DOL 634), 308-97-230, filed 7/24/81. Statutory Authority: RCW 46.01.110. 80-13-001 (Order DOL 591), 308-97-230, filed 9/4/80.]